This Article notes that it is currently a matter of public controversy whether some forms of persecution based on religion are increasing or decreasing in the United States. This question itself is not subject to reasoned, consensual resolution. But a related and extremely important point...

The constitutional law of libel has, unfortunately, focused crucially on distracting and misguided inquiries into the various distinctions among public figure and private figure libel plaintiffs. Equally unfortunately, attempts to reform and reconfigure the constitutional law of libel have often...

This Article contends, contrary to the case law, that the federal Anti-Riot Act should be judged to be unconstitutional on its face, rather than merely as applied in particular circumstances. The focus herein is on the implications of the most appropriate free speech principles, including the...

Contemporary free speech law is typically misfocused. This misfocus serves neither the purposes underlying the institution of free speech nor any broader social rights and interests in conflict with freedom of speech. As a general matter, the adjudication of free speech claims should properly...

This Article presents a simple, broad-sweeping, unifying account of the underlying logic and limits of the important constitutional rights. The underlying logic of constitutional rights turns out to be a matter of respect and disrespect. The essential focus of this account is thus on the idea of...

A constitutional regime's basic stability and effectiveness depend upon appropriate trust and distrust. Trust by relevant parties, of deserving recipients, in proper contexts and degrees, is required for governmental efficiency, for meaningful social solidarity, and for general cultural...

Public school authorities are charged with occasionally conflicting missions, including the promotion of academic learning, independent thought, personal responsibility, and a measure of orderliness. Conflicts among these values often take the form of what that Article refers to as quot;doubtful...

This Article focuses on traditional FCC regulation of the content of broadcast entertainment television. Recent litigation involving Fox Television and other broadcasters has raised a number of constitutional issues. This Article, however, makes a fundamental and largely practical point: the...